After the individual returns the fingerprint card, the worker sends the card and Form A, Criminal History Check Investigation of Child Abuse or Neglect , to the Child-Care Licensing Division's criminal history technician at the following address:. Box Austin, Texas Child-Care Licensing notifies the requesting worker. At the worker's option, the worker may also document on the External Documentation window that he has filed the results in the case record.
Workers or other staff may conduct a CAPS history check on a person who is a member of a case to which the worker has access or is otherwise authorized, such as to screen a prospective employee.
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A CAPS history check is a report of the allegations that are being or have been investigated with respect to each investigation that involves the person on whom the check is being made, the resulting overall disposition for the investigation, the overall role for the person, and related information.
A history is not kept of the report.
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Thus, to document what was viewed,. The purpose of the central registry records check is to provide information on whether a person is a designated perpetrator, designated victim-perpetrator, or sustained perpetrator of child abuse or neglect.
Central registry information may be released only under defined circumstances. Under many circumstances, a release hearing must be offered to the person prior to or in conjunction with the release of the central registry information. Criminal records check. The criminal records check is conducted from the Records Check window and the results are viewed from the Criminal Records Check window. When the staff person views the record s returned by DPS, the staff person decides whether it belongs to the person on whom the record was requested. Note: Before the deletion of the inapplicable record, the staff person must not print a copy of the record since it does not apply to the person on whom it was requested.
Cross-reference: See Item Records checks which are accepted and which are conducted on volunteers to include volunteers or interns associated with DFPS or an external volunteer agency or on persons for pre-employment purposes may be printed and maintained in paper files because they are to be retained in CAPS only for a limited length of time.
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As needed to document in a paper format that the person was not found on a criminal records check or that no checks were accepted because they did not belong to the person on whom they were sought, a criminal records check report on the person can be printed after inapplicable records are deleted and maintained in a paper format.
This occurs when DPS. These paper records will be sent to the staff person that conducted the criminal records check through CAPS. In the context of a case, a worker may document the receipt of these paper records on the Criminal Records Check or External Documentation window. CAPS history check. These records checks are requested and viewed from the Records Check window and can be printed when the check is viewed.
Driving records check or FBI check. These records checks are conducted by the worker rather than through CAPS. When the worker conducts the check on a person in a case, the worker documents that he conducted the check on the Records Check window. Top menu. Child Protective Services Handbook. D A violation of Section E A violation of Section F The second violation of Section H A violation of the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of an offense listed under Paragraph A , B , C , D , E , G , J , K , or L , but not if the violation results in a deferred adjudication;.
I The second violation of the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of the offense of indecent exposure, but not if the second violation results in a deferred adjudication;. K A violation of Section 20A. L A violation of Section 20A. As stated above, "reportable conviction or adjudication" includes a conviction or adjudication of delinquent conduct juveniles under the laws of another state for an offense containing elements that are substantially similar to the elements of a Texas offense that requires registration.
The Texas Department of Public Safety determines whether an offense under the laws of another state contains elements that are substantially similar to the elements of a Texas offense that requires registration. The Texas Department of Public Safety determines whether an offense under federal law, the laws of a foreign country, or the Uniform Code of Military Justice contains elements that are substantially similar to the elements of a Texas offense that requires registration. If the Department determines an offense under federal law, the laws of a foreign county, or the Uniform Code of Military justice does not contain elements that are substantially similar to the elements of a Texas offense that requires registration, then this sex offender will have to register if the convicting body of law requires the person to register.
The duty to register for this type of sex offender expires when the offender stops working or attending school in Texas. Answer: A sex offender registers with the local law enforcement authority of the municipality the office of the chief of police where the offender resides. If the offender does not reside in a municipality, the offender registers with the local law enforcement authority of the county the office of the sheriff where the offender resides.
Registration must be completed not later than the later of 1 the seventh day after the date the offender arrives in the municipality or county; or 2 the first date the local law enforcement authority of the municipality or county by policy allows the person to register.
If a sex offender resides outside of Texas but works or attends school in Texas, the offender registers with the local law enforcement authority of the municipality or county where the offender works or attends school. Answer: The Texas Sex Offender Registration Program requires a local law enforcement authority to obtain the following information from the sex offender:. Answer: The local law enforcement authority will maintain the registration locally, provide notification to schools, if required, and submit all sex offender registration information to the Texas Department of Public Safety for inclusion on the DPS Sex Offender Database.
Answer: The Texas Sex Offender Registration Program specifically classifies sex offender registration information as public information with a few exceptions. Answer: The numeric risk level indicates the level of risk a sex offender poses to the community. A numeric risk level is assigned to each sex offender when the offender is released from a penal institution or placed on community supervision or juvenile probation. A numeric risk level is determined by using the sex offender screening tool adopted by the Risk Assessment Review Committee established under the Texas Department of Criminal Justice.
There are three different risk levels:. The court has determined that these individuals are repeat sexually violent offenders who suffer from a mental abnormality that makes them likely to engage in a predatory act of sexual violence. The numeric risk level is separate and distinct from an Individual Risk Assessment. Once the specialist completes the evaluation, it is submitted to and certified by the Council on Sex Offender Treatment before a person can file a Motion for Early Termination with the Court that convicted them or placed them on deferred adjudication.
Answer: Adult sex offenders register either for life or ten years following discharge from state supervision i.
How are criminal records created?
Adult sex offenders that are not required to register for life must register until the 10th anniversary of the date on which the court dismisses the criminal proceedings and discharges the person, or the person is released from a penal institution, or the person discharges community supervision, whichever date is later. Juvenile sex offenders, those who register on the basis of an adjudication of delinquent conduct, register until the 10th anniversary of the date on which the disposition of their case was made or the juvenile completes the terms of the disposition, whichever date is later.
Juvenile sex offenders, those who register on the basis of a conviction or an order of deferred adjudication in a juvenile case that was transferred to a district or a criminal district court, register until the 10th anniversary of the date on which the offender was released from a penal institution or discharges community supervision or the court dismissed the criminal proceedings and discharges the person, whichever date is later.
Extra jurisdictional registrants will register until the date the person's duty to register would expired under the laws of the foreign county had the offender remained in that foreign county, under federal law, or under the Uniform Code of Military Justice, as applicable. Offenders civilly committed as a sexually violent predator must verify their registration information once in each thirty-day period. All other sex offenders must verify their registration information once each year.
Registered offenders must report all changes in address to the proper primary registration authority. Answer: A registered sex offender who on at least three occasions during any month spends more than 48 consecutive hours in a municipality or county, other than the municipality or county in which the offender is registered, must report that fact to the local law enforcement authority of the municipality or county in which the offender is visiting.
In reporting this fact to the proper local law enforcement authority, the sex offender must provide all the information that is required for sex offender registration, the address of any location in the municipality or county at which the offender was lodged during the month, and a statement as to whether the offender intends to return to the municipality or county during the succeeding month. The exemption of adult offenders is very limited. Generally, an adult offender may ask a court for an exemption only if 1 the offenses resulted in a conviction or deferred adjudication community supervision for indecency with a child Section Answer: It is a felony offense if a person required to register fails to comply with any requirement under the Texas Sex Offender Registration Program.
Answer: Community notification of sex offenders is provided in several different ways.
Certain governmental bodies are given immunity for releasing public information. The Texas Department of Public Safety, a penal institution, a local law enforcement authority, or an authority for campus security may release to the public information regarding a person required to register only if the information is public information. Local law enforcement authorities submit all sex offender registration information to the Texas Department of Public Safety.
The public may obtain information contained in this database at any time via the Texas Department of Public Safety website. When the Texas Department of Public Safety receives notice that a sex offender either civilly committed as a sexually violent predator or assigned a high-risk level is due to be released into a community or intends to move to a new address, the Texas Department of Public Safety will provide written notice in English and Spanish to the immediate community where the sex offender intends to reside.
This written notice will be in the form of a postcard mailed or delivered to at least each address excluding post office boxes within a one-mile radius, in an area that has not been subdivided, or a three-block area, in an area that has been subdivided, of the place where the civilly committed or high-risk sex offender intends to reside.
Local law enforcement authorities are permitted to publish all high-risk sex offenders in any newspaper, periodical or circular in the area where the offender intends to reside. In some cases, a local law enforcement authority must notify the superintendent of a public school district and administrator of a private primary or secondary school located in the school district that a registered sex offender is residing within the school district. Sex offenders subject to school notification are offenders 1 whose victim was either younger than 17 years of age or a student enrolled in a public or private secondary school, 2 enrolled in a public or private secondary school, or 3 registering for the offense of sexual performance by a child Section Prohibited sexual conduct Section Answer: The Texas Sex Offender Registration Program itself does not prohibit registered sex offenders from living or going near places frequented by children.
However, Texas community supervision and parole laws, as well as city ordinances, may require the imposition of a "child safety zone.
Texas Department of Public Safety
Answer: TheThe Texas Sex Offender Registration Program itself does not prohibit registered sex offenders from working in certain trades, occupations or professions. However, state law regulating a particular trade, occupation or profession may bar sex offenders from working in the trade, profession or occupation. To determine if a registered sex offender is prohibited from working in a particular trade, occupation or profession, the law regulating the trade, occupation or profession must be reviewed.
Furthermore, the following prohibition exists for certain sexually violent offenses pursuant to Texas Code of Criminal Procedure Ch. This law states that a person who has a reportable conviction for a sexually violent offense that also contains an affirmative finding that the victim is under the age of 14, may not:. Answer: A person subject to registration may not reside on the campus of a public or private institution of higher education unless:.
The registration law Chapter 62, Texas Code of Criminal Procedure is silent otherwise regarding residency restrictions on the basis of registration alone. Residency restrictions could be imposed if the registrant is under Probation or Parole and the judge or parole board imposes a restriction as a condition of supervision. Once registrants are no longer under Probation or Parole the restrictions are no longer in effect. In addition, some cities have enacted local city ordinances which may restrict where a sex offender may reside. Answer: A person subject to registration who enters the premises of any school in this state during the standard operating hours of the school shall immediately notify the administrative office of the school of the person's presence on the premises and the person's status as a registered sex offender.
The office may provide a chaperon to accompany the person while the person is on the premises of the school. The notification requirement does not apply to a student enrolled at the school, a student from another school participating at an event at the school, or a person who has entered into a written agreement with the school that exempts the person from notification.
Answer: Section In addition it limits the distance requirement an ordinance may have and requires procedures for an exemption from the ordinance. Questions regarding any local city ordinance should be directed to the local law enforcement registrar's office at the Police Department or the city attorney's office in the jurisdiction of the ordinance. Answer: Please contact the Agency that most recently updated the registration record. If there is more than one Agency listed, then contact the one associated with the most recent event date. In order to expedite the process, please complete the following steps and provide the documentation detailed below to the Agency when you make contact.
The documentation must be certified if provided by someone other than law enforcement. Question: What is the procedure for obtaining a criminal history record check on myself? Question: What is the difference between a name-based criminal history search and a fingerprint—based criminal history search?
Question: May I send in old fingerprint cards to obtain my criminal history record check? Answer: No. Fingerprint cards should not be older than 6 months old. Question: Is it possible to receive a certified notarized record check; and if so, is there an additional fee? Question: What documentation is needed before I can be fingerprinted at a FAST location when requested by a licensing agency or for employment purposes? Question: What is the procedure for obtaining a criminal history record check on someone other than myself? Question: What is the cost of a fingerprint-based criminal history record check?
Question: What is the cost of a name-based criminal history record check? Question: What is the cost to just be fingerprinted? Question: Where can I go to be fingerprinted? Question: How long does it take to get a criminal history record check? Question: Can anyone have access to my criminal history record? Question: How long will arrest information appear on my criminal history record?
Question: How can I have arrest or court information removed from my criminal history record? Question: Why does my criminal history record reflect a Class C citation? Question: Why did my employer find my arrest on a public website and not with the Department of Public Safety?
Texas State Background Check
My employer conducted a background check through the Department of Public Safety website. My arrest is showing but my criminal history record does not reflect the disposition, why? My employer conducted a background check and received results that I have a criminal history record.